From: AEHRC@aol.com
Date: Thu, 4 May 1995 10:08:31 -0400
Subject: Minneapolis Update
Association Executives Human Rights Caucus
Post Office Box 60001, Chicago, IL 60660 - Phone: 312.338-5600 - FAX:
312.338.4842 - Internet: AEHRC@AOL.com
For Immediate Release Contact: James O. Yeaman, CAE
312-338-5600
Omni Hotel Attorney Seeks To Disqualify Hearing Officer
In Minneapolis Discrimination Case
Chicago, IL (May 4, 1995) - The attorney for the former Omni Northstar Hotel
in Minneapolis has filed a petition with the Minneapolis Department of Civil
Rights to have Attorney Robert Sykora removed from hearing the complaint
filed by Mathew Streater against the Omni Northstar Hotel. The petition to
remove the hearing officer is based on the allegation that, as the presiding
officer in this case, Mr. Sykora's affiliation with one or more organizations
which advocate equal rights for gays and lesbians "cast some doubt" as to his
impartiality in the case of Streater vs. Omni, file number MDCR, 92178-EM-9.
The petition filed on behalf of Omni Hotels' attorney David Newhall, is
based on several interpretations by Mr. Newhall on Rules of Procedure for
Contested Case Hearings of the Minneapolis Commission on Civil Rights. Such
rules require that any protest must be filed no later than five days prior to
the date set for a hearing. The matter of Streater vs. Omni is set to be
heard in a public hearing, May 8-10, 1995. Mr. Newhall's petition was filed
on May 1, 1995.
In the petition, Mr. Newhall alleges that Attorney Sykora serves as the
executive director of the Lambda Justice Center, a position, according to
reliable sources, Mr. Sykora does not hold. Mr. Newhall alleges that Mr.
Sykora has participated in various discrimination actions, supported
anti-discrimination ordinances, and attended past fund-raisers on behalf of
the rights of gay and lesbians, and in doing so, prompts the attorney for
Omni Hotels to "express concern that Mr. Sykora's obligations....may
interfere with his consideration of this case."
According to Jim Yeaman, CAE, Executive Director of the Association
Executives Human Rights Caucus, (AEHRC), "We find Mr. Newhall's' contentions
shallow, at best. The mere fact that someone is 'on record' as opposing
discrimination based on sexual orientation, should not disqualify them from
hearing a case where such discrimination is alleged. Should we take Mr.
Newhall's position to the extreme, we would expect him to seek to disqualify
a heterosexual hearing officer who might be called upon to adjudicate a case
of alleged discrimination by a heterosexual employee against a homosexual
supervisor or a homosexual employee acting in an official capacity of an
employer such as Omni Hotels."
"Furthermore, the mere fact that Mr. Sykora, in his capacity as an official
of the Minneapolis Civil Rights Commission, having heard previous testimony
in the case, should not, in of itself, prejudice Mr. Sykora for or against
the plaintiff and the defendant in this case", continues Yeaman.
Yeaman reminds the parties to the case that members of the American Society
of Association Executives (ASAE), are required by ASAE's Standards of Conduct
to pledge themselves to "...refuse to engage in, or countenance,
discrimination on the basis of race, sex, age, religion, national origin,
sexual orientation, or disability." AEHRC is dismayed at the actions of
Omni's attorney to divert the focus of this matter by the ploy to have the
hearing officer removed from the case because of his commitment to a standard
of conduct which is consist with that advocated by the American Society of
Association Executives, of which there are a significant number of
representatives of Omni Hotels as associate members."
AEHRC calls for all parties to the case to reach a reasonable and immediate
resolution to the matter before the Minneapolis Commission. For comments or
other information, contact:
David G. Newhall (Attorney for Defendant)
Lindquist & Vennum, P.L.L.P
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 554021-2205
612-371-3211
Brian B. Huling (Attorney for Plaintiff)
Rapoport & Wylde
3001 Hennepin Avenue, South, Suite 309B
Minneapolis, MN 55408
612-825-2331
James O. Yeaman, CAE, Executive Director
Association Executives Human Rights Caucus (AEHRC)
Post Office Box 60001
Chicago, IL 60660-0001
312-338-5600
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